Show THE MURDER CASE THE TRIAL TO it A CLOSE TIM THE KILLING OP 0 IL lItTy its AS helem efla ily 11 II I 1 has it ur or 11 lias as it justilla te ble As we ave wa went t to press tuesday ether was on llie stand continuing he be bail 1 I had bud hail had froeb io coffeo at Murp hya ba saloon we were taking a drink this man asked mci ino if I 1 wag waa heeled I 1 and I 1 pulled out it g gun n and then soon boon after he and dan sullivan u walked out the man I 1 shot on the night of oct eth was the tha hit me man I 1 saw at eureka in the sai loun did lot cot throw myself on the tha body of the tha dead man mail neither did I 1 call on leech to come and save me I 1 went want to the tha saloon bod and told the there thera bhat I 1 had bad done tho the black handled pistol was not out of order it worked alt all right I 1 wits waa not lot drunk that night light had taben three and pos drinks that evening saw haw flaherty flaberty aurl and gil johnson in in the tha saloon that day merely glanced glance fit atria fla no statement to jonnson Jo unson nor did I 1 point flaherty Ila heity out to any body cross examined liy by mr brown have bien been ity in the tha habit of carrying it 11 pistol since bince ath actu july 1886 bal bail one for four years yeara before that matto alado my self aalf expert with it livedis Li vedin tintie binco since 72 had hu 1 loon been staying atthe at abo cabin two months was in the habit of going into the west room the tha foren forenoon cion ot the ath at the cabin arid and tit at del roberts part of the aine sure fame it wits was on the lay day of tile the killing that I 1 was at royles boyles I 1 met gill johnson wo we went to leechs cabin lie he stayed until hye five pid jid not buy a bottlo of whiskey at halt half past two front Wb wheeler eeler did not get three bottles that lay day it iti is riot not true that I 1 went to lo the cabin at two and remained there thera till after the shooting john sun was leechs room with me ine he ha remained there over an lour hour when I 1 came buck back with tile tha whiskey tikey I 1 leech wits was standing in in the tha past enot room and thau flaherty donohue andl and I 1 rill all took a drink bad I 1 wont went into dil ion on and gave lim hini a drink the tha pis tola toh were lying on tp top of tho the bed johnson said that looks pretty bad 11 dillon went out of the room it is is not true that I 1 said theres there a battery enough to bland 1 oil any racket had not been back to tho the cabin since bince 9 bad and until I 1 came with johnson about 5 I 1 gave brick back the change to leech dillon told me to tako take earn arc of johnny leech Lea cli lie he had been dr bunking dunking dont think dillon told me to take cary care or of myself dont remember him giving we lue any caution I 1 went into dillons room got a book and came back into leechs room bad and road read to myself the ilia others were talking till all the time and sitting bitting on the bed cant remember what 1 they boy were ivere talking about I 1 was wag bi bitting on a abot box after reading leading two pieces was reading by candle candlelight light bech comme need playing on a hute than I 1 hen we all tooka boak toak a dunk drink and I 1 recited Shami iB obrien and fontenoy the bottle was empty find and leech sent trio mo for bottle of this wits waa nearly 8 juliuson Joli Jol iDson had come in in a little before 7 he be stayed there four 01 live minutes lie ile asked us ua it if we avore coming down to supper was gono gone for tho the whiskey fifteen minutes wo all took it a drink it was about 5 0 clock when I 1 brought my pistol in in from the room and handed ban led it to ria fla recess till 2 p in after the afternoon session EC abion tam da Y ether continued hi his s evidence ue 0 s suid aid after be ru remarked marked that ho he would wool see beo ma ina later flaherty ria herly said eaid lot me see that gun I 1 snapped it past tho the two loaded cartridges cartridge a and handed it to him I 1 lad had put those two carthins cartr cartridges iNs it in two d days ays before flaherty ria herty looked 00 led at it I 1 t and said eaid rii ats a terrible weapon I 1 then handed the money to leech flahery took the gun with him into the east room Do donaline noline then said let me sue soe that and he took it and shoved i it town down in the bed defendant doi nied that there were then tiny any words them nor wai thero any quarrel qu airel i no conversation at all with donohue afterwards After warda leech played two or more find and then 1 recited another abnot her piece apiece why was man inan made to lo m mourn unan I 1 set intro in aba corner arid and they talked among themselves leah lamb reached for his pipe MI I 1 thon ahon I 1 eaid baid I 1 would go to my room tu to get i book donohue then raid aid bert ether you are a 0 d d iid ii d a of a b 11 find bud eirew brew his gun on me it startled boand me ind I 1 rose TIP I 1 limped jumped to tho the south aide he snap lp ped his gun gnu after roe me and sai dmd di any i Y mail that will cary ca ar ry a lull I 1 a 1 I in ing camp is ig B 6 t d d d a 8 of a I 1 then said seiri I thata a cowardly not act to got get the ibo start of a man like that after that they were talking and swearing as to who had raid faid it I 1 stood there for u second and its as Doii ohne snapped it a second tuna time fla arty 1 euid lert iffert uther ether you are a 1 Q I 1 d d li ol OI a b paria ihrl ran in the taber har room robins was kaik bak kai k lit in allent a da nl id or two donohue hid bad ins his gnu 04 n wo aud and snapped it at me the tha third ll 11 ilia we Imay I 1 may have llave forgotten tomen to laun it diun tiun or about the third onal in illy ill di I 1 tt examination As flaherty Lla herty was wai nning through abb alo door b he had the V I 1 atol in his hia left hand band cheo I 1 I 1 bed it he ha ca lad d hold bold of the stock As I 1 grabbed r il bed it it was done so BO quick he be lindly know it I 1 grabbed him by ilis ho right light bh drew him up and in ai I 1 wrenched him over towards the ed I 1 drow my gun up and shot h leiai iiii ill r ough the head beat my gun was t broo or four anchen from his fore bead I 1 was wild I 1 did not know what I 1 was waa doing and just then I 1 heard beard a behind me dont know that I 1 forgot this thia fourth snap in in my direct examination ei this morning the guo gun did not go oil off I 1 was facing the eat turned round and shot at him were tour four pistol shots in tho the room that night ull all took place in a minute or 01 two whon when I 1 shot flaherty I 1 intended to lill kill him and alen I 1 fired tit at dod donoheo fine I 1 intended to kill aitu them the r had bad botn bot n no talk gitig I 1 DR about the iho lyn lunching lynching ching or any quarrel that night light dubina dut ing tho thoro there was nothing said leech had the candlestick in m hits his right band and his pocket knife in la his left hand li light abt was waa out when I 1 shot donohue leech lighted the candle dont know which band struck the match after tile candle was re lighted duno hue was vim lying on tle the bed and I 1 grabbed the 1 out of his hand band it la Is not true that Donol donohue lue after beins shot throw up tip both hands arid and fell back on the le floor I 1 pushed 1 laherty back over the bunk as aa I 1 abot b him candle went out only once did iu not fall on top of I 1 flaherty then ihen rushed ru hed out to the saloon baloon anti and told the it men I 1 eu I 1 here what I 1 said might not I 1 bo irne ruo I 1 was excited Ro rosember member telling dillingham Dillin shaia find and nowell something about it drank something there excitement made my memory poor arom I 1 rom the saloon wont to J G mitch ells alls A couple of young ladies were there I 1 may bayo hayo told them about it I 1 then went to my cousin jolin john mil ail there ident mackto back mitch ells ell a and from there them on to dragon hollow had cooled some went int to silver did not tell blanchard any hing about it avent wl to mrs mra cash man a my aunt told her about it did not tell billy miller about the circumstances from them I 1 went on horseback to diamond told old mat the drath then to loo leo dykes and told lim him the truth front from there went to Santa ban quiD told deputy dykes who was on thu the trim train tho cir cum stances told lold mclellan about it down at il may have told others there told lold ogden riles lilies anil and then told my counsel F from the time of the shooting 0 to o too tile time limo I 1 talked with my counsel I 1 guess I 1 told a dozen persons about it have narrated it once during dunnic the trial dont don t know whether peter gillespie was among those in in the iho saloon I 1 told about the shooting did riot not say in in tho the saloon 11 lama am a murderer I 1 am but I 1 had bad to do it thay cama after we me with knives and pistols I 1 said he bo came cams after me with a knife did riot not tell dillingham that flaherity ria Fla herty heitY canao after affer me with a knafo did not say to peter gillespie 1 I 1 am a murderer and have blood on my hands I 1 asked the boys boya to RO go over and ace soo don Dont t know henry cannon did not say to him that I 1 had shot dolob tie first and then turned round and shot BLOC coffee I 1 may have cried in in the saloon had two drinks of whisky there believed I 1 told in in tho the saloon that they had been shoot edg 1 UK fit at me it is is not lot tra tine that every tuna tillie I 1 talked about it in t the he saloon I 1 said bid they came after trio me with a knife and never once mentioned about their coming after mo me with pistols dont think I 1 told ruth and victoria baker that they came after mo me with a knife 1 1 I might huso baia said they canie came after UG me to knife me I 1 went to so hickman because he ha was waa a friend of mine bo 10 lieve I 1 told him the tha truth I 1 told him I 1 had killed donohue and dan coffee lid did not tell him it was jorry jerry coffee nov never r saw sav dan coffee in in my liro did not say filly ibis morning that coffee and flaherty ria herty looked alike told rouse and shear bhear in fit the saloon at k hilver about it dont DoDt believe I 1 told them that ono of the well men I 1 killed had bad a knife and the oth er EI a gun gnu I 1 inight have said I 1 put plit my hand on Flaher tys head find and shot him and theres tile tho blood on my hands took two d drinks r inks there I 1 bant positively say whether I 1 told loo akes that one of 0 the men came utter after wo ma with my six six shooter I 1 wrenched it from him and shot lim him and that the other man came after mo me with a I 1 shot at him it is la true trim there was blood on my left hand am positive tivO that b between 11 and 12 on t q night of the cah july 1680 utter after the lunching lynching lyn ching ria liberty berty came and inked asked me if I 1 kooij any 0 of the parties who were there that I 1 said I 1 t want to know that flaherty ria herty asked me it if 1 had bad a run gun I 1 eaid aid yes bud and that he be delit on od sullivan saying to binl come along 1 I I 1 thought bought be wail waa calfee go lie drank with donohue donohoo on tho the of last october cant say choth or ei I 1 had bull beer been going around him an old bastard ur not Be Beli evol lieval ij he aou d call me maboti a of a b have frequently made mada throats against the lyu chers have riot not made threats of 0 d eeds deeds of violence made no threats thread of 0 maciag marks on do pat cusick I 1 blachard ot or garbor garber did not not tell dill dilan n I 1 woold kill reno did not tell lim bini that I 1 would leave the tha country easier it I 1 could get put pat cusick garber tt erbor ISeno and nod pak Patt lannan court adjourned until 10 d day BY morning inot on oa wednesday morning deputy Nc mclellan mccollan McL ollan Lellan took tho stand was hero hen when ether was vaa brought in in examined alii pirtel and found ahti tune c were arro at lon ion ft a short abort oua one iod nd an tbell in in the pistol ther in in tho the black handled 0 no mr dillingham Dilli was wag in july 1886 the be lay day of the lin chios baw ria Illa heity bolty there le hd was with a crowd of men on the iho street it was nus after sup sap per J 0 mitchell boll said enid when on the iho stand beford that he ha gave ether soma goma cartridges rave gave him bun none lile like that one ODO U D evans said during 1 uri 0 the trial of the tho easel casel examined abo th pistol astol i aud and did the short cartri and thought the long one vaa 1 as tho the only load in it dai not know the abort one was there until tho the cylinder ayli oder was taken out II 11 diceson testified that be discovered the short cartri cartridge dg 0 o before tho the cylinder was talen taken out the defense le ranse here rested their case casa the prosecution proBe culion cution proceeded to lo offer rebutting testimony donis sullivan lne live in eureka was waa foreman fore iaan of the beek beck bullion mine july ath and had bail been for six years kept the time look hool mike alike flaberty Vla Fla worked there he waa credit ed ad with working worl cing on july gill A man beginning june would get timo time check in in to big jim harrington is is credited on july GIL tim sullivan is is also alar credited on that day dont know if they worked ut at night milia mike blaber flaherty ty did not work on tile the ath about 26 men were at work on the eth ime have no idea now how low bow many were working on the night shift golden E el imer ahei live in in silver city and run ran a saloon at mammoth hollow was wait thero there on the day of tho the shooting the defendant got a bottle of whisky about 2 and paid 20 and I 1 gave him back the change 19 10 mr wheeler is la nay my assistant there I 1 called his attention to the fact that fae be might get some borne more mora cli change ango question by the defense did you not have a conversation with george georga sutherland stated that it was about I 1 when the de the whisky and mr wheeler came cama up andrt and reminded minded 1 you yon that it was at 3 w when hen he go rot it answer I 1 dont rem remember embar ca cant al say but ihnow I 1 know it was waa between I 1 and 3 dont know of saying it was waa the day of tho the homicide a or the day before recess till 2 p in arter after recess wearies wednesday ay afternoon denis Sul culliver liver toot took the lie to correct ft a statement lit he had ina marlo in regard to the pay given miners at the beck bud and bullion no iia said ply kiy dy day w waa sometime between the and nd peter gillespie was it in tho saloon w whoa hen ether came in on oil the night camo caine in about half past eight ile said lie ho it murderer and had blood on ills his 1121 hands itis tie ho paid ho had to tn do it harry fe entitled stifled that lie wis was in tho the saloon on tie the night of oct ath ether came in and saldie had I 1 killed coffee Cof frio he was coming ill at ter mo me with a knife and I 1 had to do it joseph jaseph phillips was tn in the saloon on tho the night of the ath r ether ther el came in there were about there fie 1 I have shot two m mon on who jumped me lie I 1 got cot caffoe they tackled no me with a L knife I 1 shot hot at Dono donohuk hun but I 1 did it IQ in self do renso ly ile asked fee if I 1 would shake hands handa with him and went on 00 to say nay im IID a murderer theres blood on my hands I 1 went to the call cabin n half an hour after le leech L ell wits was there with A short piece of candle I 1 a in tits hia hand tile deceased lying on the he side of tile hot bed with hia right a uin rill under ills hia head six of us went over the theredo rewo wore the first I 1 think w who ho went into tho the cabin after the 11 ill t C C cross ross examined ether was very excited he wanted us ui to KO go to the cabin with him anti ana said bald ho he was ready to deliver himself up wt but III If want to go co to eureka mr air |